arrears payment
📖 What is arrears payment? Meaning and definition
In New Zealand tenancy law, an arrears payment refers to an amount of money that a tenant has failed to pay by the due date. This commonly includes rent that has not been paid on time, but can also extend to other overdue charges such as water rates, as seen in Tenancy Tribunal decisions.
Landlords can apply to the Tenancy Tribunal to recover these outstanding amounts. To prove the amount owing, landlords typically provide rent records and, for other charges like water rates, relevant invoices. The Tribunal will then review this evidence to determine the exact sum the tenant must pay.
The Tenancy Tribunal has the authority to order a tenant to pay these arrears immediately. If the landlord's claim for arrears is successful, the Tribunal may also order the tenant to reimburse the landlord for the filing fee associated with the application.
It's important for both landlords and tenants to keep clear and accurate records of all payments and charges to avoid disputes and to provide necessary evidence if a claim for arrears is made.
📋 Requirements
- The landlord has applied to the Tenancy Tribunal for rent arrears or other overdue charges.
- The landlord has provided rent records or invoices that prove the amount owing.
- The tenant has failed to pay the agreed rent or other charges by the due date.
📝 Procedure
- The landlord files an application with the Tenancy Tribunal for rent arrears or other overdue payments.
- A hearing is scheduled, which both parties may attend (in person or by telephone).
- The landlord presents evidence, such as rent records or water rate invoices, to prove the amount owed.
- The Tenancy Tribunal Adjudicator reviews the evidence and makes a decision.
- If the claim is successful, the Tribunal issues an order for the tenant to pay the specified amount immediately, which may include reimbursement of the filing fee.
💡 Examples
- A tenant was ordered to pay a landlord $1,952.00 immediately for rent arrears that had accumulated up to a specific date, plus the filing fee.
- A tenant had to pay a company acting as a landlord's agent $6,492.85 for rent arrears that were due by a certain date.
- A tenant was ordered to pay $901.75, which included $792.00 for rent arrears and $82.75 for water rates arrears, along with the filing fee reimbursement.
- A landlord provided rent records and water rate invoices to the Tenancy Tribunal, successfully proving the amounts owed by the tenant for overdue rent and water charges.
❓ Frequently asked questions
What does 'arrears payment' mean in a tenancy?
In a tenancy, an arrears payment refers to money that a tenant owes to a landlord because it was not paid by the due date. This most commonly applies to overdue rent, but can also include other unpaid charges like water rates.
How does a landlord prove that arrears are owed?
A landlord proves that arrears are owed by providing clear records to the Tenancy Tribunal. For rent, this means presenting rent records, and for other charges like water rates, providing relevant invoices that show the amount outstanding.
What happens if a tenant doesn't pay rent on time?
If a tenant doesn't pay rent on time, the landlord can apply to the Tenancy Tribunal to recover the overdue amount. The Tribunal can then issue an order for the tenant to pay the rent arrears immediately.
Can a landlord claim other overdue payments besides rent?
Yes, a landlord can claim other overdue payments besides rent. For example, Tenancy Tribunal decisions show that landlords can successfully claim for unpaid water rates if they provide proof, such as invoices.
Will I have to pay the landlord's filing fee if I owe arrears?
If the landlord's application to the Tenancy Tribunal for arrears is successful, the Tribunal may order you to reimburse the landlord for the filing fee they paid to make the application.
What if I disagree with the amount of arrears the landlord claims?
If you disagree with the amount of arrears claimed, you should attend the Tenancy Tribunal hearing and present your own evidence, such as bank statements or payment receipts, to dispute the landlord's claim. It is advisable to seek legal advice if the matter is complex.